RAM SARAN Vs. RAMDAS

JUDGEMENT

(1.) THE facts giving rise to tills criminal reference by the learned Addl. sessions Judge Jammu are that one Ramdas put in application under Sections 145/147 of the Criminal P. C. with respect to 11 Kanals and 2 marlas of land in survey No. 641/63 in village Mitra guna Tehsil Ramban. The allegation of Ramdas was that me non-applicants 1 to 3 in the petition had taken forcible possession of the land and had threatened to do away with. Ramdas if he in any way interfered with their possession.

(2.) THE trial Court of the Munsiff Magistrate first class Ramban after recording the statement of me applicant Ramdas ordered as follows: The statement of the applicant has been recorded and the copy of the Girdawari records has teen perused, it appears that the applicant has apprehension of a breach of peace from the non-applicants with respect to survey No. 641/63. Notice under Section 145 (1) of the Criminal P. C. be issued to the non-applicants requiring them to appear either In person or through a pleader and put in their reply with respect to the possession of the land.

(3.) AFTER recording the evidence of the parties, and inspecting the spot, the trial Court by means of its order dated 23. 2. 61 allowed the application with costs and ordered the applicant's possession to be restored. In revision the Addl. Sessions Judge Jammu has made a recommendation to this Court that the order of the trial Magistrate be set aside as it is full of so many irregularities.